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Study On The Institution Of The Management Of Contracted Land

Posted on:2005-04-29Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y R LiangFull Text:PDF
GTID:1116360122493056Subject:History of science and technology
Abstract/Summary:PDF Full Text Request
Land is not only natural resource but also social wealth; it is the object of land management, the basic productive material, and one of the important objects of physical property. The using and belonging of land are related with the fair distribution of social wealth, agricultural production and the using rate of agricultural land. So it is very important for land use, agricultural production and right protection of citizen to set up effective agricultural land use institution (ALUI). The emerging and the developing of land transformation of contracting manage right are described, and its developing discipline is also analyzed from the angle of economy and law, as well. The trend of ALUI of China is also foresighted. The currently innovating discipline of ALUI of our country and its effective factors are analyzed in detail. This paper also assumes the new institution for our agricultural land use with comprehensive renewed countermeasures, which makes agricultural land use innovation have more rationality and maneuverability.The first chapter is introduction, which gives the main subject of this paper, and also introduces the background and the meaning of this study, the research trends, methods, ideas and structures, innovations and shortcoming on this field are also described in this chapter. This chapter points out that the innovation of ALUI is accorded with the discipline of institution change. The land transformation contract management institution should be renewed with the direction of material right theory to improve the agricultural land use rate, advance agricultural production and agricultural land right protection with the new situation of urbanization, industrialization, deepen marketing economic system and subscription of WTO.The second chapter analyzes the united land contract institution. The process, which is from cooperation to commune, collective land property with the characteristics of "hold by three classes, on the basis of group", is analyzed in this chapter. The main problems of collective land property are also studied. The emerging and developing process of united land contract institution and its category, the implementing program of each responsible institution and its content are depicted in this chapter. The relationship between these responsible policies and their transformation and substitution are also described. Thischapter points out that the subjects in this transformation contract responsible institution have no legal self-governed position except agricultural householders. The subjects of transformation contract responsible institution are land and other comprehensive subjects as productive materials. Land contract is attached with united land contract, whose main content is land, other use rights of productive materials and achieved output, united distribution and so on, land use right is not independent. The reason to contract land evenly is discussed, which is on the basis of low productive force. The effect of united contracting responsibility institution is also described in this chapter.The change from united contract institution to land contract management and its process are talked in the third chapter. Firstly, the differences between land contract management and united contract responsible institution are analyzed; the objects, subjects and contents of these two policies are different. The legal relationship of united contracting became land contract management when the contract objects changed to land singly, and contract content simplified, and householders became independent legal subjects. Then the main problems in early land contract management institution are discussed. The ascendant of contracting right resulted to weaken rural collective economic organization, and the even distribution of land made fragmentation of agricultural land, the character of creditor's rights of land contracting management also resulted to several problems, which urged the further change of land contract management, the stabilization and long-term management rig...
Keywords/Search Tags:the Management of Contracted Land, Emergence, Development, Agricultural Land Use Institution, Innovation
PDF Full Text Request
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